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6.8 Exchange of Information in Criminal Proceedings - Protocol with Police and CPS

SCOPE OF THIS CHAPTER

The Protocol is made between the London Borough of Enfield, the Metropolitan Police and the Crown Prosecution Service in relation to the exchange of information in the investigation and prosecution of child abuse cases


Contents

  1. Aim
  2. Objectives
  3. Introduction
  4. Legal Framework
  5. Procedure
  6. Schools or Other Organisations Involved in the Care of Children
  7. Miscellaneous


1. Aim

The aim of this Protocol is to provide an agreed framework between the parties for the sharing and exchange of relevant information in a Child Protection Enquiry for the purposes of criminal prosecutions in Enfield.


2. Objectives

The objectives of this Protocol are:

  • To provide guidance in obtaining and sharing information between the parties in order to protect the welfare of children by investigating and prosecuting offenders through the criminal justice system;
  • To provide guidance that enables the parties to apply a consistent approach to information sharing locally; and
  • To foster a greater understanding between the parties of their respective roles within the criminal justice system


3. Introduction

3.1 Good practice calls for effective co-operation between the parties; working in the best interests of the child; and careful exercise of professional judgment based on thorough assessment and analysis of relevant information. This Protocol is addressed to those who work in the investigation and prosecution of offenders in relation to child abuse cases.
3.2 The parties recognise the fundamental importance of inter-agency working in combating child abuse. The parties are committed to share information and intelligence between them where this is necessary to protect children as set out in the Government’s Guidance entitled Working Together to Safeguard Children.
3.3

This Protocol recognises that:

  • Enfield Council will always seek to act in the best interests of the children with whom they are involved; and
  • The Police and the Crown Prosecution Service are bound by a duty to protect the confidentiality of material held by local authorities and will not disclose to third parties, except with the leave of the Court, or with the consent of the local authority, any material obtained directly or indirectly as a result of having access to material held by local authorities.


4. Legal Framework

The duties of the parties are set out in a legal framework, which sets out the legal obligations of the parties in relation to exchanging and sharing of information, on which this Protocol is based.


5. Procedure

5.1 As soon as the Police investigating a suspected crime believe material exists within the local authority files that may be relevant to the investigation, they will notify the local authority by means of a written notice.
5.2 The Police will appoint, as appropriate, a suitably trained disclosure officer who will carry out the examination of relevant material on the files held by the local authority and whose task it will be to liaise with the local authority.
5.3

The written notice used by the Police disclosure officer will include:

  • The identity and contact details of the Police disclosure officer;
  • The identity and contact details of the officer in the case;
  • A summary of the case and the details of the offences being investigated;
  • A statement of the relevant information sought from the records in order to pursue all reasonable lines of enquiry, and why that information is thought likely to be relevant to the investigation;
  • A statement of how failure to disclose relevant information would prejudice or delay the investigation
5.4

Upon receipt of a request from the Police under 5.3, the local authority will appoint a suitably trained disclosure officer from Legal Services who will liaise with the Police disclosure officer throughout the enquiry. The local authority disclosure officer will identify and collate relevant material from the local authority files, which it is necessary to disclose for the purposes of the police investigation, in the light of the information provided by the Police in 5.3. At this stage, the local authority will disclose to the police information that is relevant for the purposes of the police investigation. This does not mean that the local authority, by so doing, is agreeing that the information disclosed to the Police should in due course be disclosed to the defence. Such disclosure will be decided either by agreement between the local authority and the CPS or in default of such an agreement, an order of the Court made under the Criminal Procedure and Investigations Act 1996.

The review by the Police will usually take place on local authority premises but may be elsewhere by agreement between the disclosure officers.
5.5 The local authority will ensure that documents filed in family court proceedings are not included in the files to be seen by the Police and/or Crown Prosecution Service. Where there are documents filed in family court proceedings, the local authority will provide a list of that material without describing what it is, in order for the Police, if appropriate, to apply to the Family Court for disclosure.
5.6 The local authority will not reveal to the Police relevant medical reports or other medical information without the consent of the author of that material. Where there is such material, the local authority will seek consent from the author to reveal it to the Police. Where consent is refused, the local authority will inform the Police that the material exists. The Police and the Crown Prosecution Service may seek consent from the author of the material and/ or apply for a witness summons to obtain the material.
5.7 When the local authority voluntarily discloses material to the defence they will reveal it to the Police and/or Crown Prosecution Service. In addition, when the defence request material from the local authority under the Data Protection Act 1998, the local authority will notify the Police and/or Crown Prosecution Service of the fact of that request.
5.8 The Police disclosure officer will be given priority to review the material within a specified period of time. If there are difficulties in complying with the agreed timescale or if the material is ready for review more quickly, the local authority disclosure officer will notify the Police disclosure officer immediately.
5.9 Where the Police review the material, the local authority will accept that the Police may take notes or copies of the material as appropriate, and as they require for the purposes of their investigation. The Police will accept that any material they read and any notes or copies they take are to be regarded as sensitive material, which is subject to public interest immunity.
5.10

Any material identified by the Police disclosure officer during the review as being relevant to the issues in any criminal proceedings which may undermine the prosecution case or may reasonably assist any apparent defence case, must be brought to the attention of the local authority disclosure officer with a view to the Police disclosure officer obtaining a copy of the relevant documents.

Any copy documents provided by the local authority to the Police will be treated as sensitive material, which is subject to public interest immunity.
5.11 When the Police submit a full file to the Crown Prosecution Service, including all correspondence between the Police and the local authority, the Police disclosure officer will identify all unused material on the appropriate (MG) forms and in particular material that is viewed and obtained from the local authority. It will be the duty of the Police disclosure officer to identify any material that might undermine the prosecution case or might reasonably assist the defence case.
5.12 In the event of further relevant material coming into the possession of the local authority, the local authority disclosure officer will disclose to the Police disclosure officer that material and will provide a continuous opportunity to review and take copies of that material. Further, it is accepted by the local authority that as an enquiry develops, the material may have to be revisited.
5.13 On receipt of the full file, the Crown Prosecution Service will review the unused material in accordance with its statutory duties under the Criminal Procedure and Investigations Act 1996.
5.14 The Crown Prosecution Service shall treat all material disclosed by the local authority as sensitive material.
5.15 Where any local authority material reviewed by the Crown Prosecution Service falls within the statutory disclosure tests under the Criminal Procedure and Investigations Act 1996, the Crown Prosecution Service shall write to the local authority disclosure officer, within a number of days of the review, setting out the reasons why the material falls to be disclosed and informing them of that decision. Within an agreed number of days of receipt of that notification, the local authority disclosure officer shall be given an opportunity to make any representations in writing to the Crown Prosecution Service on the issues of disclosure.
5.16 The Crown Prosecution Service will not disclose any material to the defence unless by agreement with the local authority or by order of the Court following a public interest immunity application.
5.17 If the local authority agrees with the Crown Prosecution Service to disclose material identified by the Crown Prosecution Service that falls within the statutory disclosure tests under the Criminal Procedure and Investigations Act 1996, the Crown Prosecution Service will disclose the material to the defence.
5.18 If the local authority asserts public interest immunity and objects to disclosure to the defence of any material identified by the Crown Prosecution Service which falls within the statutory disclosure tests under the Criminal Procedure and Investigations Act 1996, the Crown Prosecution Service will make a public interest immunity application to the Court as soon as reasonably practical. The Crown Prosecution Service will notify the local authority of the date and venue of the public interest immunity application and inform the local authority of their rights to make representations to the Court under the Crown Court (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997 and the Magistrates’ Court (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997.
5.19 Following receipt of a defence statement, the Police disclosure officer will send a copy of the defence statement to the local authority disclosure officer.
5.20 The local authority disclosure officer will reconsider the relevance of the material held by the local authority in the light of the defence statement. Where the local authority identify further material to be revealed, the local authority disclosure officer will notify the Police disclosure officer of that material.
5.21 The Police disclosure officer will review that material held by the local authority and any material previously revealed to the Police for the purposes of carrying out secondary disclosure. The local authority disclosure officer will arrange for the material to be available for further review by the Police disclosure officer within a number of working days of receiving a written request. The local authority disclosure officer will retain a copy of the defence statement.
5.22 In the event of the defence making an application under section 8 of the Criminal Procedure and Investigations Act 1996 for further disclosure of material held by the local authority and already considered by the Police and/or the Crown Prosecution Service in the criminal proceedings, the Crown Prosecution Service will liaise with the Police and local authority disclosure officers prior to the hearing of the application.
5.23 Where the defence apply for a witness summons against the local authority for disclosure of material not in the possession of the Police or the Crown Prosecution Service, the local authority will inform the Police disclosure officer and the Crown Prosecution Service of the time and place of the hearing of the witness summons and the nature and grounds of such an application.
5.24 The Crown Prosecution Service has a duty to keep under continuing review the question of whether there is any unused material, which might undermine the prosecution case or might reasonably assist the defence case. The parties recognise that they may need to review the material again if other issues become relevant during the course of the criminal proceedings.
5.25 In the event that there are no criminal proceedings, or the proceedings are discharged, or the accused is acquitted, the Police and/or Crown Prosecution Service will return all material in their possession belonging to the local authority.


6. Schools and Other Organisations Involved in the Care of Children

6.1 Where the Police investigating a suspected crime believe material exists within a school or schools in Enfield, the Police should contact the local authority to identify the status of the school. Where the local authority identifies the school as an Independent School, it should inform the Police, so that the Police may approach the school directly to obtain the material.
6.2 The parties will encourage other organisations that are involved in the care of children, to follow the provisions laid down in this Protocol in the sharing of information with the Police and Crown Prosecution Service in criminal proceedings.


7. Miscellaneous

7.1 In some cases to which this Protocol applies, a child concerned may be (or have been) the subject of Court proceedings in the family jurisdiction. Nothing in this Protocol authorises the disclosure of any document filed with the Court in such proceedings or any information relating to them. This applies whether the proceedings are concluded or still pending. If material is identified that falls into this category then leave must be obtained from the Court where the family proceedings are being (or were) conducted.
7.2 This Protocol does not diminish the existing legal rights of the parties. Specifically, it will not operate to restrict the right of any party to claim public interest immunity in connection with any material which has come within the ambit of the Police investigation.
7.3 All signatories to this Protocol accept that the Protocol is entered into in good faith and on that basis all signatories will use their best efforts to comply with their terms and the spirit of the Protocol.
7.4 Any disagreement over the workings of this Protocol or local arrangements will be referred to the agreed level of management for early and informal resolution, wherever possible.
7.5 The parties will at an agreed interval, monitor the workings of this Protocol and any local agreement with a view to improving the efficiency and the well being of local professional working arrangements.

End